People's Republic of China promulgated by Decree No. 573

　　　　　　The ozone depleting substances regulations on the administration of the State Council on March 24, 2010 at the 104th Executive Council, are hereby promulgated and, as of June 1, 2010.

　　　　　　Prime Minister Wen Jiabao

The April 8, 2010

Ozone depleting substances regulation

Chapter I General provisions

First in order to strengthen the management of ozone-depleting substances, the implementation of the Vienna Convention for the protection of the ozone layer and its obligations under the Montreal Protocol on substances that Deplete the ozone layer, ozone layer protection and the ecological environment, safeguard human health, according to the People's Republic of China Law on air pollution prevention and control, this Ordinance is enacted.

Referred to in the regulations ozone-depleting substances in article, refers to the destructive effect on the ozone layer and its inclusion in the list of controlled ozone-depleting substances in China chemical.

Of the list of controlled ozone-depleting substances in China by the Environmental Protection Department, in conjunction with relevant departments under the State Council formulated, adjusted and published.

Article People's Republic of China territory of ODS production, sale, use and import and export activities, application of this regulation. Production referred to in the preceding paragraph, refers to the manufacturing activities of ozone depleting substances.

Use referred to in the preceding paragraph, refers to the use of ozone-depleting substance production and operation activities, does not include the use of ozone-depleting substances products activities.

Article fourth environmental protection Department under the State Council is responsible for supervision and administration of the national ozone-depleting substances.

Departments in charge of Commerce, General Administration of customs and other relevant departments of the State Council in accordance with the provisions of the Ordinance and their respective functions and is responsible for the supervision and administration of ozone-depleting substances management.

Local people's Governments at or above the county level environmental protection authorities and business, and other relevant departments, in accordance with the provisions of the Ordinance and their respective functions and is responsible for the administrative supervision and management work related to substances that Deplete the ozone layer.

Fifth countries gradually reduced and eventually eliminated as cooling agents, foaming agents, agents, solvents, cleaning agents, processing AIDS, pesticides, aerosol, expansion, such as the use of ozone-depleting substances.

Environmental Protection Department under the State Council in conjunction with the relevant departments of the Chinese national programme for phasing out ozone-depleting substances (hereinafter referred to as the national programme), submitted to the State Council for approval before implementation.

Sixth the Environmental Protection Department under the national programme and progress of ozone-depleting substances phase-out, announced in conjunction with the departments concerned to identify and to restrict or prohibit new construction, reconstruction or expansion of the production and use of ozone-depleting substances project categories, formulated and promulgated to restrict or ban the production, use, import and export of ozone-depleting substances list.

Really necessary for special purposes, use the provisions of the preceding paragraph prohibiting production and use of ozone-depleting substances, in accordance with the Montreal Protocol on substances that Deplete the ozone layer to allow for special provisions, approved by the Environmental Protection Department under the State Council in conjunction with the relevant departments of the State Council. Seventh national ozone-depleting substance production, use, import and export control of total amount and quota management.

The Environmental Protection Department and ozone-depleting substances phase-out progress under the national programme, relevant departments of the State Council identifying national annual ozone-depleting substances produced, used and the total amount of import and export quotas, and make an announcement.

Article eighth State encourages and supports the ozone-depleting substance replacements and alternative techniques of scientific research, technology development and application.

Environmental Protection Department under the State Council in conjunction with the departments concerned, adjusting and published the directory of recommended alternatives to ozone-depleting substances in China. Development, production and use of ozone-depleting substance replacements, should be in line with State industrial policies and preferential policy in accordance with the relevant provisions of the State.

Countries have made outstanding achievements in the ozone-depleting substances phased out and reward individuals. Nineth any units and individuals in violation of the provisions of this Ordinance, power to the people's Governments above the county level report to the environmental protection department or other relevant departments.

Complaint Department shall timely investigate and deal with, and the informer confidential; investigations case, giving rewards to informants.

Chapter II production, marketing and use of Tenth unit of the production and use of ozone-depleting substances, shall, in accordance with the provisions of this Ordinance apply or use a quota license.

However, use one of the following circumstances, need not apply for quota licences:

(A) the maintenance unit for maintenance of refrigeration equipment, refrigeration system or a fire extinguishing system using ozone-depleting substances;

(B) laboratory for experimental analysis of small amount of ozone-depleting substances;

(C) the entry-exit inspection and quarantine authorities in order to prevent the introduction of harmful organisms out use of ozone-depleting substances are under quarantine;

(Iv) Environmental Protection Department under the State Council need not apply for quota licences in other circumstances.

11th ozone-depleting substance production, use units in addition to the conditions prescribed by law, administrative regulations, shall satisfy the following conditions:

(A) the lawful performance of the production or use of ozone-depleting substances;

(B) the production or use of substances that Deplete the ozone layer, premises, facilities, equipment, and professional and technical personnel;

(C) acceptance of environmental protection facilities by the environmental protection authorities;

(D) have a sound and comprehensive production management system.

Ozone-depleting substances used in the sixth article of the Bill of special-purpose units, the preceding paragraph shall not apply to (a) requirement.

12th substances that Deplete the ozone layer, and use before October 31 in each year to the Environmental Protection Department should be writing next year's production quota or quotas, and submitted to it in accordance with the conditions specified in section 11th-proof material. State environmental protection competent sector according to national consumption ozone material of annual production, and using quota total and application units production, and using corresponding consumption ozone material of performance situation, approved application units Xia a annual of production quota or using quota, and Yu annual December 20 Qian completed review, meet conditions of, issued Xia a annual of production or using quota license, be announcement, and CC State about sector and application units location province, and autonomous regions, and municipalities government environmental protection competent sector

; Do not meet the conditions, and notify the applicant in writing and state the reasons.

13th article of ozone-depleting substances production or use a quota permit shall contain the following:

(A) the production or use of the name, address, legal representative or responsible person;

(B) granting production or use varieties and uses of ozone-depleting substances and their quantities;

(C) the term of validity;

(D) the issuing authority, date of issue, and certificate number.

Article 14th substances that Deplete the ozone layer, and use needs to adjust its quotas, quota changes formalities apply to the Environmental Protection Department under the State Council.

Environmental Protection Department under the State Council shall, in accordance with this Ordinance, 11th, 12th, and according to the conditions provided for in article review and completed within 20 working days from the date of acceptance of the application review, eligible, make adjustments to the quotas for the applicant, and announce it; do not meet the conditions, and notify the applicant in writing and state the reasons.

15th production units shall not exceed the production of ozone-depleting substances quota permit variety, quantity, the term production of ozone-depleting substances, shall not exceed the production quota and license regulations in the production and sale of ozone-depleting substances.

Prohibited without a production quota and license production of ozone-depleting substances.

16th provisions for quota licences in accordance with this Ordinance, shall not exceed the quota and license regulations, uses, quantity, the term use of ozone-depleting substances.

In addition to the provisions of section tenth use quotas do not need to apply for licenses in the case prohibited without a quota permit use of ozone-depleting substances.

Sales unit article 17th of ozone-depleting substances should be formalities shall be handled in accordance with the Environmental Protection Department under the State Council for the record.

Environmental Protection Department under the State Council for the record sales of unit-linked list of ozone-depleting substances.

Article 18th among import and export in accordance with the provisions of this Ordinance, and substances that Deplete the ozone layer, buying and selling behavior can only be in compliance with the regulations ozone-depleting substances production, sale and use of units.

Article 19th containing ozone-depleting substances in refrigeration equipment, refrigeration system or a fire extinguishing systems servicing, scrap processing and other business activities of the unit shall be to the local people's Governments at the county level environmental protection departments.

Specializing in ozone-depleting substance recovery, recycling or destruction of business activities shall be to the local environmental protection departments of the provinces, autonomous regions and municipalities.

Article 20th production, and use of ozone-depleting substances, shall be in accordance with the provisions of the Environmental Protection Department under the State Council to take the necessary measures to prevent or minimize the leakage and emissions of ozone-depleting substances.

Refrigeration equipment containing ozone-depleting substances, refrigeration system or a fire extinguishing systems servicing, scrap processing and other business activities of the unit, should be in accordance with the provisions of the Environmental Protection Department under the State Council for ozone-depleting substances for recycling, recycling or handed over to ozone-depleting substance recovery, recycling, destruction operations unit of harmless treatment.

Ozone-depleting substance recovery, recycling, destruction operations units, should be in accordance with the provisions of the Environmental Protection Department under the State Council for harmless disposal of ozone-depleting substances, and may not be directly discharged.

21st article engaged in consumption ozone material of production, and sales, and using, and recycling, and regeneration using, and destroyed, business activities of units, and engaged in containing consumption ozone material of refrigeration equipment, and refrigeration system or fire system of maintenance, and scrap processing, business activities of units, should full save about production business activities of original information at least 3 years, and according to State environmental protection competent sector of provides submitted related data.

Chapter III import and export 22nd State to control the import and export of ozone-depleting substances, and list management.
Environmental Protection Department under the State Council in conjunction with the departments in charge of Commerce, General Administration of customs formulated, adjusted and the publication of the list of controlled ozone-depleting substances import and export in China.

Import and export for inclusion in the directory of China's import and export of controlled substances that Deplete the ozone layer depleting substances, shall, in accordance with the provisions of this Ordinance apply to the national ozone-depleting substance import and export authority export quota and receive import and export approval and submit the import and export of ozone-depleting substances variety, quantity, origin, use of materials. 23rd national ozone-depleting substance import and export authority shall accept the application within 20 working days from the date of completion of the review, make a decision on whether to approve it.

Approving, issuing import and export approval to the applicant; not approved, notify the applicant in writing and state the reasons.

Import and export approval for a maximum period of 90 days shall not be extended or straddling. 24th article import and export of ozone-depleting substances and approval shall be in accordance with the regulations of the commercial Administrative Department of the State Council application for import and export licences, to handle customs clearance procedures for import and export permits.

Included in the entry-exit inspection and quarantine authorities to carry out the inspection and quarantine of entry and exit goods catalogue of ozone-depleting substances, the entry-exit inspection and quarantine administration, implement the inspection according to law. Consumption ozone material in People's Republic of China territory of customs special regulatory regional, and bonded regulatory places and outside Zhijian access of, import and export units should in accordance with this Ordinance of provides application received import and export approval single, and import and export license; consumption ozone material in People's Republic of China territory of customs special regulatory regional, and bonded regulatory places and territory other regional Zhijian access of, or in above customs special regulatory regional, and bonded regulatory places Zhijian access of, not need application received import and export approval single, and

Import and export licenses.

Fourth chapter of supervision and inspection

25th people's Governments above the county level environmental protection Department and other departments concerned, in accordance with the provisions of this Ordinance and of their respective duties on the ozone-depleting substances production, sale, use and import and export activities, such as supervision and inspection.

26th people's Governments above the county level environmental protection Department and other departments concerned carry out supervision and inspection, the right to take the following measures:

(A) request the units under inspection to provide relevant information;

(B) request units under inspection on the implementation of the provisions of this Ordinance a description of the relevant information;

(C) enter into the inspected units of production, operation, storage sites for investigative and evidentiary purposes;

(D) order the units under inspection to stop acts that violate the provisions of this Ordinance, comply with the statutory obligations;

(E) the seizure, seizure of illegal production, sale, use, import and export of ozone-depleting substances and their production equipment, facilities, materials and products.

The units under inspection shall cooperate, reflect the situation, provide the necessary information, shall not be refused and obstructed.

27th people's Governments above the county level environmental protection Department and other departments concerned carry out supervision and inspection, supervisory and inspective personnel shall be not less than 2, and shall present a valid administrative credentials.

The people's Government above the county level staff of the Environmental Protection Department and other departments concerned, to keep strictly confidential all business secrets obtained in the supervision and inspection obligations.

28th Environmental Protection Department under the State Council shall establish a comprehensive information management system for ozone-depleting substances data, collect, compile and release of ozone-depleting substances production, use, import and export of data.

Local people's Governments at or above the county level in the supervision and inspection of environmental protection departments should be found in violation of the provisions of this Ordinance and dealing with escalation to the Environmental Protection Department.

Relevant departments of the local people's Governments at or above the county level shall supervise and inspect found in violation of the provisions of this Ordinance and dealing with escalation to the relevant departments of the State Council and relevant departments under the State Council shall promptly send a copy of State environmental protection administration.

29th local people's Governments above the county level environmental protection department or other relevant departments for violations of the provisions of this Ordinance does not deal with, its competent authorities to order the investigation according to law or directly in the investigation.

The fifth chapter legal liability

Article 30th departments responsible for the supervision and management of ozone-depleting substances and their staff of any of the following acts, the directly responsible person in charge and other direct liable persons shall be given disciplinary; directly responsible person in charge and other direct liable persons constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) in violation of these regulations require production of ozone-depleting substances, the use of quotas to issue permits;

(B) the violation of these regulations provide for the issuance of import and export of ozone-depleting substances approval or of import and export licences;

(C) found in violation of this Ordinance does not investigate and punish according to law;

(D) the handling of ozone-depleting substances production, use, import and export as well as supervision and inspection of administrative licensing process, ask for and accept other people's property, or seeking other interests;

(E) other acts of favoritism, abuse their powers, neglect their duties.

31st production quota and license the production of substances that Deplete the ozone layer, from the local people's Governments at and above the County Environmental Protection Department be ordered to desist from the illegal act, confiscated for illegal production of ozone-depleting substances in raw materials, illegal production of ozone-depleting substances and illegal income, remove, destroy equipment, facilities for illegal production of ozone-depleting substances, and a fine of 1 million Yuan.

32nd article in accordance with this Ordinance provides should application received using quota license of units no using quota license using consumption ozone material of, by location County above place government environmental protection competent sector ordered stop violations, confiscated illegal using of consumption ozone material, and illegal using consumption ozone material production of products and illegal proceeds, and at 200,000 yuan of fine; plot serious of, and at 500,000 yuan of fine, demolition, and destroyed for illegal using consumption ozone material of equipment, and facilities. 33rd article consumption ozone material of production, and using units has following behavior one of of, by location province, and autonomous regions, and municipalities government environmental protection competent sector ordered stop violations, confiscated illegal production, and using of consumption ozone material, and illegal using consumption ozone material production of products and illegal proceeds, and at 20,000 yuan above 100,000 yuan following of fine, reported State environmental protection competent sector reduced its production, and using quota number; plot serious of,

And fines of between 100,000 yuan and 200,000 yuan, reported to the Environmental Protection Department under the State Council may revoke a quota for production, use licenses:

(A) exceeded production quota permit type, quantity, duration of production of ozone-depleting substances;

(B) exceed the production quota permits use in the production or sale of substances that Deplete the ozone layer;

(C) beyond the quota and license regulations the variety, quantity, duration of use, the use of ozone-depleting substances. 34th article consumption ozone material of production, and sales, and using units to not meet this Ordinance provides of units sales or purchase consumption ozone material of, by location County above place government environmental protection competent sector ordered corrected, confiscated illegal sales or purchase of consumption ozone material and illegal proceeds, sentenced by sales or purchase of consumption ozone material market price 3 times times of fine; on made production, and using quota license of units, reported State environmental protection competent sector reduced its production, and

Use the quota.

35th article production, and use of ozone-depleting substances, failing to take the necessary measures to prevent or reduce leakage and emissions of substances that Deplete the ozone layer, from the local people's Governments at and above the County Environmental Protection Department be ordered to rectify, 50,000 yuan fine it fails, fine at 100,000 yuan, reported to the Environmental Protection Department under the State Council reduced its production, the use of quotas.

36th article engaged in containing consumption ozone material of refrigeration equipment, and refrigeration system or fire system of maintenance, and scrap processing, business activities of units, not according to provides on consumption ozone material for recycling, and cycle using or referred to the engaged in consumption ozone material recycling, and regeneration using, and destroyed, business activities of units for harmless of disposal of, by location County above place government environmental protection competent sector ordered corrected, at for harmless of disposal by needed costs 3 times times of fine.

37th in the ozone-depleting substances recovered, recycling, destruction and other business activities of the unit, fails to provide for harmless disposal of ozone-depleting substances directly emitted into the atmosphere, from the local people's Governments at and above the County Environmental Protection Department ordered corrective action and harmless treatment 3 times the cost of fines.

38th article engaged in consumption ozone material production, and sales, and using, and import and export, and recycling, and regeneration using, and destroyed, business activities of units, and engaged in containing consumption ozone material of refrigeration equipment, and refrigeration system or fire system of maintenance, and scrap processing, business activities of units has following behavior one of of, by location County above place government environmental protection competent sector ordered corrected, at 5000 Yuan above 20,000 yuan following of fine:

(A) in accordance with the provisions of this Ordinance shall be filed with the competent Department of environmental protection record not record;

(B) failing to complete the relevant business source;

(C) fails to declare or misrepresent, conceal business data;

(D) does not provide the necessary information requested by the inspectors.

39th refuses or obstructs the Director of environmental protection department or other relevant departments of supervision and inspection or accept supervision and inspection to deception, the supervision and inspection departments shall order rectification, fines of between 10,000 yuan and 20,000 yuan; activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

40th article import and export unit has no import and export licenses or beyond the provisions of the import and export of ozone-depleting substances import and export licenses, the Customs shall be punished in accordance with relevant laws and administrative regulations constitutes a crime, criminal responsibility shall be investigated according to law.

The sixth chapter supplementary articles 41st article of the regulations come into force on June 1, 2010.